Non-Use Cancellation Trials in Japan: Requirements, Procedure and When You Can Win

"We wanted to register our brand in Japan, but someone already owns the same mark — and they are not even using it." "Our Japanese trademark has been challenged for non-use. What do we do?"

Both situations come up often for overseas brand owners. Japan has a procedure called the non-use cancellation trial, which lets anyone ask the Japan Patent Office (JPO) to cancel a registered trademark that has not been used in Japan. In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains the requirements, the burden of proof and the practical points — from the side of both the challenger and the trademark owner.

*Last updated: October 2026.

What is a non-use cancellation trial?

Under Article 50 of the Japanese Trademark Act, if a registered trademark has not been used in Japan for three or more consecutive years for its designated goods or services, anyone may file a request with the JPO to cancel the registration. You do not need to show any special interest in the mark.

The idea behind the system is simple: trademark protection exists to protect the goodwill built up through use. A mark that sits unused only blocks other businesses from choosing it, so the law provides a way to clear it from the register.

For overseas companies, this is a common situation: you prepare to enter the Japanese market, run a search, and find an identical or similar mark already registered — often by a company that never actually launched in Japan. A non-use cancellation trial can open the way for your own application.

How it differs from an invalidation trial

Because the owner carries the burden of proving use, a non-use cancellation trial is often the simpler and more predictable tool when the obstacle is a mark that simply is not being used.

The four requirements of "use"

To keep the registration alive, the owner must show use that meets all of the following:

In addition, the mark used must be the registered mark itself or a mark "identical in the eyes of society" to it (explained below).

Who has the burden of proof?

The trademark owner must prove use. The requester does not need to prove that the mark was not used. If the owner cannot submit convincing evidence, the registration is cancelled for the challenged goods or services.

Typical evidence includes dated photos of products and packaging bearing the mark, invoices and delivery slips with Japanese customers, catalogues and advertisements, and archived web pages or online store listings aimed at Japanese consumers (for example, an Amazon.co.jp product page). What matters is that the evidence shows the date, the mark, the goods and the fact that it was in Japan together.

What is use of an "identical in the eyes of society" mark?

The mark does not have to be used in exactly the registered form. Minor differences — a change of font, upper/lower case, horizontal vs. vertical writing, or writing the same word in hiragana instead of katakana — can still count as use of the registered mark.

On the other hand, changes that alter the pronunciation or meaning of the mark, or using only part of a composite mark, are usually not accepted. Foreign brands that registered an English word mark but sell in Japan under a different logo or a Japanese-script version should check this point carefully.

Rule against last-minute use

An owner who learns that a cancellation request is coming might suddenly start using the mark. To prevent this, use made within three months before the trial request is registered is disregarded if the requester can show that the owner started it after learning that the request would be filed — unless the owner has a justified reason.

You can request partial cancellation

You do not have to attack the whole registration. You can request cancellation only for the goods or services that matter to you — for example, only "cosmetics" in Class 3. If the owner proves use for some designated goods, the registration survives only for those goods.

Official JPO fee: JPY 15,000 + JPY 40,000 × number of classes challenged (JPY 55,000 for one class). Attorney fees are separate. Like any JPO procedure, a requester or owner without an address in Japan must act through a Japanese patent attorney.

Cases where a non-use cancellation is worth considering

• Your Japanese application received an Office Action citing an earlier registration that you cannot find on the Japanese market.
• The owner of the earlier mark is a company that has closed down, or a foreign company with no sign of business in Japan.
• The earlier mark covers a broad range of goods, but the owner sells only a few of them.
• The earlier mark was registered more than three years ago and you can find no products, websites or online listings using it in Japan.

Practical points before filing

If you own a Japanese trademark: the same rule applies to you. Foreign brand owners — including those holding a Madrid designation of Japan — should keep dated records of sales in Japan every year (invoices, product photos, screenshots of Japanese store pages). Use only in your home country will not protect your Japanese registration.

FAQ

• Q. Can a foreign company file a non-use cancellation trial in Japan?
  A. Yes. Anyone can file. If you have no address in Japan, the request must be filed through a Japanese patent attorney.
• Q. Do we have to prove that the mark was not used?
  A. No. The trademark owner must prove use in Japan within the last three years.
• Q. Does use in China or other countries count?
  A. No. Only use in Japan counts. Sales to Japanese customers, for example through Amazon.co.jp, can be evidence of use in Japan.
• Q. What is the official fee?
  A. JPY 15,000 + JPY 40,000 per class challenged. Attorney fees are separate.
• Q. Can we cancel only some of the designated goods?
  A. Yes. A partial cancellation request is possible and often more cost-effective.

Summary

Related articles

• Trademark Invalidation Trial in Japan: Grounds, Who Can File, and How It Differs from Opposition
• Trademark Opposition in Japan: Requirements, 2-Month Deadline and Procedure
• Japan's Trademark Consent System (Since April 2024): Requirements, Documents and Limits for Foreign Applicants
• Refused for a Similar Trademark in Japan? Article 4(1)(xi) Explained by a Japanese Patent Attorney